The U.S. Department of Justice will conduct an independent review of the Johannes Mehserle case in order to determine whether or not the shooting merits federal prosecution, according the department.

“The Justice Department has been closely monitoring the state’s investigation and prosecution,” the department said in a statement.

“The Civil Rights Division, the U.S. Attorney’s Office, and the FBI have an open investigation into the fatal shooting and, at the conclusion of the state’s prosecution, will conduct an independent review of the facts and circumstances to determine whether the evidence warrants federal prosecution.”

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